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Tenants can challenge many landlord deposit deductions, experts say

Legal professionals outline which charges landlords can legitimately withhold from security deposits when tenants vacate rental properties. Routine maintenance and repainting typically cannot be deducted, experts say.

LSN India · 10 September 2026

Tenants can challenge many landlord deposit deductions, experts say

Landlords across India frequently withhold portions of security deposits when tenants move out, but legal experts warn that many such deductions may be challengeable under tenant rights provisions.

Among the most common disputed charges are costs for repainting walls, routine upkeep and repairs, and unexplained deductions that lack supporting documentation. Legal professionals specializing in rental disputes note that landlords are generally entitled to recover only legitimate damages beyond normal wear and tear, and that routine maintenance costs should be borne by property owners as part of their ownership responsibilities.

Tenants who believe their deposits have been unfairly depleted can request itemized breakdowns of all deductions and challenge charges they consider unjustified. Documentation of the property's condition at move-in and move-out, through photographs or video evidence, can strengthen a tenant's position in disputes. Where landlords cannot provide clear evidence of damage caused by tenants rather than ordinary usage, courts have consistently ruled against withholding funds.

Experts recommend that tenants maintain records of all communications with landlords regarding deposit disputes and seek legal counsel if substantial amounts are retained without justification. Many state rental regulations require landlords to return deposits within a specified timeframe, typically 30 to 60 days, and failure to do so may entitle tenants to claim additional compensation or interest on the withheld amounts.